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General provisions in relation to compensation under this Act.
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10.—(1) The following provisions shall apply and have effect in relation to every award of compensation under this Act by a judge of the High Court in respect of a death, that is to say:—
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(a) in fixing the amount of the compensation the judge—
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(i) shall have regard to any funeral expenses incurred by the applicant in respect of the burial of the deceased and any medical or surgical expenses similarly incurred in respect of the injuries to the deceased which caused his death, and
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(ii) shall take into consideration the financial benefits which might reasonably be expected to have been received in the future by the applicant from the deceased if the deceased had not died at the time at which he did die, and
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(iii) shall take into consideration the fact, if it is a fact, that prior to his death the deceased was awarded compensation under this Act in respect of the injuries which subsequently caused his death, and shall also take into account the amount (if any) of such compensation;
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(b) where there is more than one applicant in respect of the same death and the judge awards compensation to two or more or all of the applicants, he shall make a separate award of compensation to each of those applicants, whether they made separate applications or a joint application;
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(c) where a judge of the High Court awards compensation to an applicant who is an infant, he shall either, as he shall think proper, direct that such compensation be paid to a parent, guardian, or other person for the benefit of such applicant or direct that such compensation be paid into Court and be applied for the benefit of such applicant in such manner as the High Court shall from time to time direct;
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(d) when an infant to whom compensation under this Act in respect of a death has been awarded attains the age of twenty-one years so much of such compensation as has not been applied for his benefit shall become his absolute property;
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(e) when an infant to whom compensation under this Act in respect of a death has been awarded dies before attaining the age of twenty-one years, so much of such compensation as has not been applied for his benefit shall, after providing for the reasonable funeral expenses of such infant, be repaid to the Minister for Finance for the benefit of the Exchequer.
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(2) In fixing the amount of compensation under this Act in respect of personal injuries not causing death, the Minister or the judge, as the case may be,—
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(a) shall have regard to any medical or surgical expenses incurred or likely to be incurred by the applicant in respect or in consequence of the injuries, and
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(b) shall take into consideration the detrimental effect which the injuries might reasonably be expected to have on the future earning power generally of the applicant and, in particular (if the injuries do not preclude the applicant from continuing to be a member of the Gárda Síochána), on his future career in that force, and
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(c) shall have regard to the pain and suffering occasioned by the injuries to the applicant and also, in a proper case, to any disease or tendency to disease caused by the injuries.
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(3) In every case in which compensation under this Act is awarded by the Minister or by a judge of the High Court, the compensation shall be a lump sum and the Minister or the judge (as the case may be) in fixing the amount thereof,—
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(a) shall take into consideration the fact, if it is a fact, that the applicant is entitled (under the statutes and statutory orders and regulations relating to the pensions of members of the Gárda Síochána and their dependants) to a pension, allowance, or gratuity out of public funds in respect of the death or injuries which is or are the subject of the application, but shall not regard the amount of such pension, allowance, or gratuity (if any) as a measure or standard by reference to which the amount of the compensation is to be fixed, and
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(b) shall, where the applicant has, before the passing of this Act, made an application to the Circuit Court under section 106 of the Grand Jury (Ireland) Act, 1836, in respect of the death or injuries which is or are the subject of the application under this Act, take into consideration the costs and expenses incurred by the applicant before the passing of this Act in or about such application to the Circuit Court and any appeal to the High Court from the order (if any) of the Circuit Court on such application.
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